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2011 Supreme(Guj) 557

RAJESH H.SHUKLA
Habibbhai Jahangirbhai Sipahi – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Mr. S.M. Vatsa, for the Petitioner
Mr. J.M. Panchal, Special Public Prosecutor, for the Respondent

Judgment

Rajesh H. Shukla, J.—The present petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India read with Sections 482 and 173(8) of the Criminal Procedure Code for the prayer that—

(b) Quash and set aside the order dated 25/05/2011 in Criminal Revision Application No. 66/2010 passed by the learned City Sessions Court, Court No. 12, Ahmedabad City.

(c) Quash and set aside the order below Exh.62 dated 6/01/2010 in Criminal Case No. 3093/2002 passed by the learned Metropolitan Magistrate, Court No. 3, Ahmedabad.

(d) Issue a writ of Mandamus or in the nature of Mandamus directing the Senior Police Inspector, Sheharkotda Police Station through Respondent No. 1 to carry out further-investigation in terms of application made by the present Petitioner being Exh.62 in Criminal Case No. 3093/2002 before the learned Metropolitan Magistrate, Court No. 3, Ahmedabad.”

2. Heard learned advocate Shri. Somnath Vatsa for the petitioner.

3. Learned advocate for the petitioner referred to the papers and submitted that the orders passed by both the Courts below are erroneous as they have failed to consider the relevant material. Learned counsel for the petitioner






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